BOARD DATE: 15 May 2018 DOCKET NUMBER: AR20160007138 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 15 May 2018 DOCKET NUMBER: AR20160007138 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. 2. He states that while assigned to Company C, 2 Battalion, 5th Cavalry Division, in the Republic of Vietnam (RVN) he took shrapnel to his right leg on 8 November 1967. 3. He provides a Company Roster for November 1967. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 12 September 1966, he was inducted into the Army of the United States and he served as a light weapons infantryman. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 31 (Foreign Service) – service in the RVN from 18 February 1967 to 13 February 1968 * Item 38 (Record of Assignments) – assigned to Company C, 2nd Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile) from 24 February 1967 to 12 February 1968 * Item 38 – received all "excellent" conduct and efficiency ratings * Item 40 (Wounds) – fragment wound right leg, 29 November 1967 4. A Western Union telegram, dated 30 November 1967, shows the applicant was slightly wounded in Vietnam on 29 November 1967 as a result of hostile action. He sustained a metal fragment wound to the right leg during a combat operation when he was hit by a fragment from a friendly artillery round. The applicant was treated and held at the 15th Medical Battalion facility. 5. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 1532, dated 16 March 1968, awarded the applicant the Bronze Star Medal with "V" Device for heroism on 31 December 1967 in the RVN. 6. He accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on 27 June 1968 for being absent without leave (AWOL) 21 to 23 June 1968 while assigned Fort Campbell, KY. 7. On 11 September 1968, he was honorably released from active duty after completing 2 years of total active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * RVN Campaign Medal with Device (1960) * Vietnam Service Medal * Air Medal * Bronze Star Medal * Combat Infantryman Badge * Overseas Service Bar * 2nd Class Gunner Badge (M-60) * Marksman Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars 8. His name is listed on the Adjutant General's Office Casualty Division's Vietnam Casualty roster. 9. There is no evidence of a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-200 (Enlisted Personnel Management System), as in effect at the time, provided instructions for the completion of the DA Form 20. Paragraph 9-53 specified entry in Item 40 of a brief description of wounds or injuries (including injury from gas) received through hostile or enemy action requiring medical treatment and/or hospitalization. The date wounded or injured was also to be entered. 2. Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules governing award of the Purple Heart. While the original rules established that the Purple Heart would be awarded to individuals killed or wounded as a result of hostile action, the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapons fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States. This ruling granted the Service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict who were killed or wounded as a result of "friendly fire." 3. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. The wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 4. Army Regulation 600-8-22 also states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal. The Vietnam campaigns are listed in appendix B. His records show his service in Vietnam coincided with three campaigns: * Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967) * Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968) * Tet Counteroffensive (30 January 1968 to 1 April 1968) 5. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. The pamphlet shows that Department of the Army General Orders (DAGO) 40, dated 1967, awarded the 2nd Battalion, 5th Cavalry, the Valorous Unit Award, for the period 11 March 1967. Additionally, General Orders Number 8, dated 1974 authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation. DISCUSSION: 1. The applicant requests the Purple Heart be added to his DD Form 214. 2. The criteria for an award of the Purple Heart for injuries sustained by friendly fire requires the submission of substantiating evidence to verify that the injury/wound was the result of friendly fire in the heat of battle and the projectile was intended to inflict damage or destroy enemy troops or equipment. In addition the medical treatment must have been made a matter of official record. 3. The applicant, while participating in combat operations in the RVN, sustained a fragment wound to his right leg from friendly fire on 29 November 1967. His name is listed on the Vietnam Casualty roster and is injury was classified as "hostile wounded in action." Further, the Western Union telegram indicates the applicant's injury required medical treatment. He meets the criteria for award of the Purple Heart. 4. General Orders awarded him the Bronze Star Medal with "V" Device and this award is not listed on his DD Form 214. 5. He served honorably from 12 September 1966 to 11 September 1968. He served in Vietnam and he received all "excellent" conduct and efficiency ratings throughout his service. His records are void of a commander's disqualification or any significant derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). He meets the criteria for award of this medal. 6. His records confirm he participated in three campaigns during his service in Vietnam which authorizes him three bronze service stars for wear on his already awarded Vietnam Service Medal. 7. His unit in Vietnam was cited for award of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. These awards are not listed on his DD Form 214. BOARD DATE: 15 May 2018 DOCKET NUMBER: AR20160007138 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him: * Army Good Conduct Medal (1st Award) for the period 12 September 1966 through 11 September 1968 b. deleting the entry "Vietnam Service Medal and Bronze Star Medal" from his awards and adding to his DD Form 214 the: * Purple Heart * Bronze Star Medal with Oak Leaf Cluster and “V” Device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Valorous Unit Award I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007138 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007138 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2